B1802
L.N. 470 of 1993
L.N. 470 of 1993
1.
L. S. NO. 2 TO GAZETTE NO. 49/1993
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THE EUROPEAN COMMUNITIES NOTIFICATION
(Made by the Governor under section 2 of the International Organizations and Diplomatic Privileges Ordinance (Cap. 190))
Declaration under section 2(1) of the Ordinance
Section 2 of the Ordinance shall apply to-
(a) the European Coal and Steel Community; (b) the European Economic Community;
(c) the European Atomic Energy Community,
(in this Notification referred to collectively as "the European Communities"), each being an organization of which the Government or Governments of one or more foreign sovereign powers are members and of which the Government of the United Kingdom is a member.
2.
Legal capacities of the European Communities
Each of the European Communities shall have the legal capacities of a body corporate and may be represented in the exercise of those capacities by the Commission of the European Communities.
3.
Immunities and privileges of the European Communities
Each of the European Communities shall have the following immunities and privileges-
(a) immunity from suit and legal process;
(b) the like inviolability of official archives and premises occupied as offices as is accorded in England in respect of the official archives and premises of an envoy of a foreign sovereign power accredited to Her Majesty;
(c) the like exemption from taxes and rates in respect of premises occupied as offices as is accorded in England to a foreign sovereign power;
(d) exemption from taxes on the importation of goods directly imported by it for its official use in Hong Kong or for exportation, such exemption to be subject to compliance with. such conditions as the Commissioner of Customs and Excise may prescribe for the protection of the revenue.
4.
L. S. NO. 2 TO GAZETTE NO. 49/1993
Immunities and privileges of High Officers
I
of the European Communities
L.N. 470 of 1993
B1803
(1) The office of Head of the Office of the Commission of the European Communities shall be a high office of each of the European Communities for
purpose of section 2(1)(b)(ii) of the Ordinance.
the
(2) There is conferred upon the person holding the high office of Head of the Office of the Commission of the European Communities the following immunities and privileges-
5.
:
(a) the like immunity from suit and legal process as is accorded in England to an envoy of a foreign sovereign power accredited to Her Majesty;
(b) the like inviolability of residence as is accorded to such an envoy;
(c) the like exemption as is accorded to such an envoy from the
following taxes—
(i) taxes in respect of place of residence;
(ii) income tax in respect of any emolument received as a
member of any of the Communities;
(iii) all customs duties, taxes and related charges other than charges for storage, cartage and similar services on articles for his personal use including articles intended for his establishment.
Immunities and privileges of other
officers and servants
(1) Subject to subsection (2), there is conferred upon the officers and servants of each of the European Communities, other than an officer to whom section 4 applies, the following immunities and privileges--
(a) immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties;
(b) exemption from income tax in respect of emoluments received as
such officer or servant.
(2) Subsection (1) shall not apply as regards any officer or servant who is permanently resident in Hong Kong.
6.
Immunities and privileges of spouse and children of officers
(1) The spouse and children under the age of 18 years of the Head of the Office of the Commission of the European Communities shall be entitled to the immunities and privileges conferred on that officer under section 4(2)(a) to the
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